Order No.                 .

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has alleged that complainant intended to purchase a flat measuring 450 sq. ft. including common area and super-built area at premises no.50, A.K.G. Bose Sarani, P./s. Beliaghata, Kolkata – 700 085 from the OP and to that effect an agreement was written and executed in between complainant and the OP for booking the newly proposed flat and total consideration amount was fixed Rs.4,50,000/- and complainant agreed to purchase the said flat on payment of the said amount and accordingly as per agreement complainant paid a sum of Rs.1 lakh only to the OP by three instalment as booking or advance money for the said flat.  As per agreement OP agreed to deliver the aforesaid complete flat to the complainant within 28-02-2008 but the OP failed to complete the said flat and also failed to deliver the possession in favour of the complainant and moreover OP did not able to make any building or Apartment at the said premises and as such complainant has asked the OP to return back the said advance amount of Rs.1 lakh with interest and also rent for rental accommodation a sum of Rs.1,200/- per month for a period of 13 months i.e. a sum of Rs.15,600/-.

          Thereafter, OP returned back a sum of Rs.20,000/- on 06-04-2009 and the sum of Rs.10,000/- in the month of Many, 2009 in cash and also issued an A/c. Payee Cheque of HDFC Bank Ltd., Salt Lake City Branch of BA/3 Sector-1, Salt Lake City, Kolkata – 700 064 being cheque no.7002400041 dated 25-03-2009 amounting to Rs.50,000/- in favour of the complainant which was bounced by the said Bank with a remark “insufficient fund”.  On the receipt of the said dishonoured cheque on 11-09-2012 complainant filed a complaint before the Director, CA & FBP and after receiving the complaint of the complainant dated 11-09-2012 the said authority issued a notice to the OP with a direction to attend a tripartite meeting on 10-12-2012 but on that date OP did not attend.  So, getting no fruitful result as per direction of the CA & FBP the complainant was compelled to file this case for relief.

Fact remains OP appeared and filed written version stating that complainant without any excuse wasted time and after a long period of 5 years he filed this false complaint and there was no deficiency or negligence on the part of the OP and when OP failed under compelling and unavoidable circumstances, non co-operation of landlord to construct the proposed project the OP ultimately did not take any sanction from the concerned authority knowing fully well that the development project could not be completed and immediately the OP asked the complainant to take back money and OP already refunded Rs.30,000/- and also tried to refund the same to the complainant by instalments which was avoided and neglected by the complainant.  On the contrary complainant is threatening the OP by several means and ultimately filed this case and other allegations of the complainant is denied in toto.

Decision with Reasons

Fact remains in this case complainant has very fairly submitted that he paid Rs.1 lakh as booking amount for purchasing a flat from OP and OP has also admitted that he executed an agreement in favour of the complainant on 07-09-2007 and also admitted that he received Rs.1 lakh and agreement also supports that fact and it is equally true that complainant has admitted that he received Rs.30,000/- out of Rs.1 lakh which has been paid to the complainant but OP expressed his desire to repay the said amount by instalments but complainant did not agree but whatever it may be considering the written version of the OP it is clear that it is undisputed and admitted fact that complainant is entitled to get balance Rs.70,000/- from the OP and truth is that OP has not paid it and practically from the written version it is found that he is not in a position to pay it at a time but question is for what reason OP has not paid it but harassed him.  A good money was received by the OP but construction by the promoter was not started by him but may be there were several reasons for not starting the project by the OP but for that reason intended buyer shall not be harassed by the developer but in this case it is proved that OP had his scope to file an application before this Forum praying for payment of the same by instalments but that has not been made but no doubt the entire material suggests that this OP has no intention to pay the balance amount forthwith and for which he harassed the complainant in so many manner and for the above reasons complainant is entitled to get back the balance amount of Rs.70,000/- out of Rs.1 lakh which was paid by the complainant as advanced amount to the OP which is admitted by the OP and at the same time conduct of the OP is causing mental pain and agony.  So, OP is bound to pay Rs.30,000/- as compensation and further litigation cost must be paid by the OP.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest with a cost of Rs.10,000/-(Rupees Ten thousand only).

          OP is hereby directed to pay and refund a sum of Rs.70,000/-(Rupees Seventy thousand only)(part advanced amount) and also to pay compensation of Rs.30,000/-(Rupees Thirty thousand only) for causing harassment, mental pain to the complainant by the OP at the same time for adopting such an unfair trade practice OP shall have to pay a punitive damages of Rs.10,000/- to this Forum and this portion of the order is passed so that in future OP cannot anyway deceive any buyer in such a manner and fashion.

          OP is hereby directed to comply with the order within 15 (fifteen) days from the date of this order failing which for non-compliance and disobedience of the order per day penal interest @Rs.200/- shall be assessed till full satisfaction of the decree and till full implementation of this order by the OP.

          Even if it is found that OP is reluctant to comply the order in this case the penal proceeding shall be started for which a further penal interest Rs.10,000/- (Rupees Ten thousand only) may be imposed against OP as per provision of Section 27 of the C.P. Act.